A/HRC/33/36
helped to better document the abuses committed and have also facilitated early warning of
other abuses through their deterrent effect on some combatants from armed groups.
3.
Due diligence with regard to human rights and the role of the United Nations Joint
Human Rights Office
50.
The reporting period was marked by the application of the new procedure for
implementation of the due diligence policy with regard to human rights, adopted on 21 May
2015 by MONUSCO and the country team and managed by a secretariat under the Director
of the Office. This procedure focuses in particular on assessing the risk of human rights
violations by non-United Nations defence and security forces to which MONUSCO could
provide logistical and/or operational support. It reinforces dialogue with the authorities to
ensure that these risks are better taken into account in the joint planning of military support,
so that appropriate prevention measures are adopted. The risk assessment is carried out with
the help of expertise from different units of MONUSCO and United Nations specialized
agencies. It helps to place in perspective the risks and benefits of support, in order to
calculate the impact on the fulfilment of the Mission’s mandate, including the protection of
civilians and the fight against impunity.
51.
During the reporting period, the Mission identified models for risk mitigation
measures, including by means of support to military operations. These measures are being
implemented. MONUSCO has sometimes denied support to units or officers when it has
found that there was a previous history of serious violations, that the risk of recurrence of
such violations was high or that sufficient preventive measures were not taken. The
secretariat of the due diligence policy with regard to human rights conducted 272 risk
assessments related to requests for support by the Congolese national police and FARDC in
relation to 1,301 individuals. Information gathered by the Office as part of its monitoring
and investigation functions proved crucial to MONUSCO in terms of its ability to assess
and provide support to military operations.
F.
Fight against impunity
52.
The Human Rights Committee has called on the Government to ensure that all
human rights violations brought to its attention are investigated and that those responsible
for them are duly punished. 17 During the universal periodic review in 2014, it was
recommended that the Government should take measures to combat impunity by adapting
national legislation to the Rome Statute and that it should apply a policy of zero tolerance
to persons who have committed violations of human rights and of international
humanitarian law.
1.
Current situation and action taken by the Government
53.
Important developments have been observed in the fight against impunity during the
reporting period. According to information made available to the United Nations Joint
Human Rights Office, at least 246 FARDC soldiers and 78 officers of the Congolese
national police were convicted in the Democratic Republic of the Congo for acts
constituting human rights violations. 18
54.
For example, on 16 September 2015, the High Military Court upheld the conviction
of Colonel Mukalayi for the murder of human rights defender Floribert Chebeya and his
driver on 2 June 2010, but reduced his sentence to 15 years’ imprisonment. Colonel
17
18
12
CCPR/C/COD/CO/3, para. 10.
These are figures covering the period from June 2015 to April 2016.
GE.16-13984
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